Electrical subcontracts in Western Australia: what to check before you sign
In Western Australia, a electrical subcontract is read alongside the Building and Construction Industry (Security of Payment) Act 2021 (WA), which caps subcontract payment terms at 25 business days. The contract itself still decides the risks that cost electrical subcontractors most: completion defined as commissioning and certification; variations from late design and coordination; defects liability that restarts.
AI risk report, not legal advice. The scanner gives general information about the risks in a document. It is not a lawyer, does not know your circumstances, and can be wrong. For decisions with legal consequences, get advice from a construction lawyer.
Western Australia rules that override your contract
Statute: Building and Construction Industry (Security of Payment) Act 2021 (WA)
- Payment terms for subcontractors are capped at 25 business days after the payment claim. A longer term in the contract doesn't change that.
- If the builder disputes a payment claim, it has to answer with a payment schedule within 15 business days (or any shorter period in the contract).
- Two regimes run in parallel: contracts entered into from 1 August 2022 sit under the 2021 Act (East Coast model), while older contracts stay under the Construction Contracts Act 2004 with its 90-business-day adjudication window. The contract date decides which set of rules you're under.
- Adjudication: under the 2021 Act, through authorised nominating authorities; under the old CCA 2004, an application must be made within 90 business days of the payment dispute arising.
- A retention trust scheme is phasing in.
Where electrical subcontractors lose money
Completion defined as commissioning and certification
If practical completion for your package needs the whole building energised, tested and certified, your liquidated damages clock runs while you wait on the authority, the HV upgrade or another trade's equipment. Define your completion by your own scope.
Variations from late design and coordination
Electrical design moves with every architectural and services change. A short or absolute notice window on variations means the redesign you absorbed on site becomes free work. Check the notice period and whether a written direction is required before you start.
Defects liability that restarts
Fittings and equipment fail for reasons outside your workmanship. A defects liability period that restarts on every rectification can keep your retention locked up well beyond the usual 12 months.
Supply risk on long-lead equipment
Switchboards, generators and specialist fittings can have long lead times. If the contract puts all supply delay on you with no extension of time, a manufacturer's delay becomes your liquidated damages.
Three things to push for in your departures schedule
- Completion of the electrical works defined by your scope, not whole-of-building commissioning
- A notice period for variations of at least 5 business days, as a notice requirement rather than an absolute bar
- Extension of time for supply delays outside your control, with the manufacturer's notice as evidence
The free scanner finds these clauses in your actual contract in about two minutes and writes the departures schedule for you.
What the Index says
Live figures from the Australian Subcontract Index, 90 real subcontracts. The Index holds only 8 electrical contracts so far, under the 10-contract threshold, so these are national figures across all trades. Nothing under 10 contracts is ever shown.
Electrical subcontracts in other states
Electrical subcontracts in WA: common questions
How long does a builder in WA have to pay a electrical subcontractor?
No more than 25 business days after your payment claim, whatever the contract says. If the builder disputes the claim, it has 15 business days to answer with a payment schedule giving its reasons.
Can a builder hold an electrician's retention until the whole building is certified?
Only if the subcontract says so, which is why the release trigger matters. Market practice is half at practical completion of your works and half at the end of the defects period. A trigger tied to the head contract's completion or final certificate can hold your money for years.
Where do WA electrical payment disputes go?
Building and Energy, WA (DEMIRS), authorised nominating authorities. Timing: under the 2021 Act, through authorised nominating authorities; under the old CCA 2004, an application must be made within 90 business days of the payment dispute arising.
Is this legal advice?
No. It is general information about common subcontract risks and the state's payment law as recorded in our registry. Statutory details change; check the current Act, and take the scanner's report to a construction lawyer for decisions with legal consequences.
General information, not legal advice. Statutory details are taken from our state law registry and change over time; verify them against the current Building and Construction Industry (Security of Payment) Act 2021 (WA) before relying on them. Built by Mat Kennedy, Founder, The Construction Contracts Co.